[Download] "City of Houston v. Jones" by In the Supreme Court of Texas " Book PDF Kindle ePub Free
eBook details
- Title: City of Houston v. Jones
- Author : In the Supreme Court of Texas
- Release Date : January 30, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Kenneth S. Jones sued the City of Houston on tort claims arising out of demolition work, settled those claims, then sued the City for breach of the settlement agreement. The trial court overruled the Citys plea to the jurisdiction based on immunity from suit, and the City took an interlocutory appeal. The court of appeals affirmed, holding that the Citys immunity from suit is waived by a provision in its charter authorizing it to "sue and be sued, . . . contract and be contracted with, implead and be impleaded in all courts and places and in all matters whatever".2004 Tex. App. LEXIS 7493, 2004 WL 1847965, No. 01-03-00831-CV, at *3-4 (Tex. App.-Houston [1st Dist.] Aug. 19, 2004). The court of appeals did not reach Joness argument that the City is not immune from suit on the settlement agreement under TexasA & M University-Kingsville v. Lawson, 87 S.W.3d 518 (Tex. 2002). For the reasons explained today in Tooke v. City of Mexia, ___ S.W.3d ___ (Tex. 2006), we disagree that the Citys charter contains a clear and unambiguous waiver of immunity from suit. We do not reach the question whether a municipality may waive immunity from suit; we hold only that the charter text is not such a waiver.